Dock Company Fined After Moving Operation Goes Wrong

Harwich Dock Company, based in Essex, were fined earlier this month by Chelmsford Crown Court for health and safety failings that led to a dock worker, Mr Andrew Gotts, suffering severe injuries following a crushing incident.

The incident took place on the 4^th October 2012 when Mr Gotts, an agency worker, was helping to unload a cargo of shipping containers using a crane and chains at the Port of Harwich. He was standing on top of an access platform, while some of his colleagues were working to free a container that had become stuck. When the container suddenly freed itself, it lurched forwards and crushed him against the edge of the access platform.

Mr Gotts was trapped as the container crushed him, causing him to suffer extensive injuries, including fractures and soft tissue damage to his right leg. The injuries were so severe that almost two years later and following extensive reconstructive surgery, it is still not known if Mr Gotts will recover enough to be able to work again.

The Health and Safety Executive (HSE) investigated the incident and found that the Harwich Dock Company were responsible for serious safety breaches leading directly to the injuries sustained by Mr Gotts.

Chelmsford Crown Court prosecuted on the 9th May 2014, after discovering that the company had not instigated a procedure for freeing jammed containers that took into account the safety of the workers.

There had been no clear instructions, meaning there was no one to manage the situation or ensure the area was kept clear throughout the operation – which is why no one had informed Mr Gotts of the risk and he was not asked to leave the hazardous area.

During the investigation, the HSE found numerous other failings relating to working at heights. This included no procedures in place to prevent workers from falling during dock operations as they would regularly walk across containers with no safety equipment or harnesses and no supervision.

The Harwich Dock Company pleaded guilty to two separate breaches of the Health and Safety at Work Act 1974. They were fined £15,000 and ordered to pay £14,761 in costs.

The HSE inspector responsible for bringing the case to court believed the accident, and the ‘horrific and life-changing injuries’ sustained by Mr Gotts, were ‘entirely preventable.’

A proper risk assessment should have identified all areas of risk and would have allowed the company to take steps to prevent accidents like this. It would have also indicated those workers that were most vulnerable to risk, and in this case, as Mr Gotts was an agency worker he fell into this category.

The team at Health and Safety Training Ltd specialise in providing training which could help to avoid this type of accident. Banksmen training in particular would have ensured that there was someone present that was appropriately trained to take responsibility for the moving operation from the ground, and Risk Assessment training would have ensured that the company had someone capable and skilled enough to identify the risks and implicate steps that could have negated the accident and the following court case.

For more information about how the team at Health and Safety Training Ltd could help your business run more smoothly and safely, simply contact us today. We’ll be happy to tailor safety courses that reflect the individual needs of your business.